Landgraf’s 2,000-Foot Buffer From Homes Skips Oil And Gas Tanks

The text as introduced · 753 words

89R11716 ANG-D

By: Landgraf
H.B. No. 3866

A BILL TO BE ENTITLED

AN ACT

relating to the installation and ownership of certain outdoor

storage containers; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter I, Chapter 26, Water

Code, is amended to read as follows:

SUBCHAPTER I. UNDERGROUND AND ABOVEGROUND STORAGE [ TANKS ]

SECTION 2. Section 26.341(b), Water Code, is amended to

read as follows:

(b) The legislature declares that it is the policy of this

state and the purpose of this subchapter to:

(1) maintain and protect the quality of groundwater

and surface water resources in the state from certain substances in

underground and aboveground storage tanks that may pollute

groundwater and surface water resources;

(2) require the use of all reasonable methods,

including risk-based corrective action, to implement this policy;

[ and ]

(3) promote the safety of storage vessels as defined

in Section 26.3442, by adopting requirements for the design,

construction, operation, and maintenance of storage vessels, with

the objective of protecting groundwater and surface water resources

in the event of accidents and natural disasters ; and

(4) ensure that outdoor storage containers, as defined

by Section 26.3445, are not located close to private residences .

SECTION 3. Subchapter I, Chapter 26, Water Code, is amended

by adding Section 26.3445 to read as follows:

Sec. 26.3445. LOCATION OF OUTDOOR STORAGE CONTAINERS. (a)

In this section, "outdoor storage container" means a nonvehicular

device that is:

(1) made of nonearthen materials;

(2) located on or above the surface of the ground and

not inside a structure;

(3) located at, or is a part of, a commercial facility,

including a for-hire storage terminal; and

(4) designed to contain a regulated substance.

(b) A person may not install or operate an outdoor storage

container in a location 2,000 feet or less from a private residence.

(c) An owner of an outdoor storage container shall register

the container with the commission not later than the 30th day after

the date the container is installed or the date the owner acquires

an installed container from a previous owner. An owner of an

outdoor storage container that was installed before September 1,

2025, shall register the container with the commission not later

than March 1, 2026. An owner of an outdoor storage container

required to register the container as an aboveground storage tank

or a storage vessel under this subchapter is not required to

register the container under this section.

(d) The commission shall conduct annual on-site inspections

of outdoor storage containers registered under this subchapter to

determine compliance with this section. This subsection does not

limit the commission's ability to inspect a container under other

state or federal law.

(e) The commission by rule shall impose a fee for

registering an outdoor storage container under this section in an

amount sufficient to recover the reasonable costs of:

(1) implementing the registration program; and

(2) inspecting registered facilities.

(f) An outdoor storage container is exempt from the

application of this section if the container is:

(1) a farm or residential tank with a capacity of 1,100

gallons or less used for storing motor fuel for noncommercial

purposes;

(2) used for storing heating oil for consumptive use

on the premises where stored;

(3) a septic tank;

(4) a surface impoundment, pit, pond, or lagoon;

(5) a storm water or waste water collection system;

(6) a flow-through process tank;

(7) a tank, liquid trap, gathering line, or other

facility used in connection with an activity associated with the

exploration, development, or production of oil, gas, or geothermal

resources, or any other activity regulated by the Railroad

Commission of Texas under Section 91.101, Natural Resources Code;

or

(8) a transformer or other electrical equipment that

contains a regulated substance and that is used in the transmission

of electricity, to the extent that such a transformer or equipment

is exempted by the United States Environmental Protection Agency

under 40 C.F.R. Part 280.

(g) This section does not limit the authority of a

municipality to adopt an ordinance prohibiting the installation or

operation of an outdoor storage container in a location more than

2,000 feet from a private residence.

SECTION 4. Notwithstanding Section 26.3445, Water Code, as

added by this Act, an owner of an outdoor storage container, as

defined by Section 26.3445(a), Water Code, as added by this Act, is

not required to register the container before March 1, 2026.

SECTION 5. This Act takes effect September 1, 2025.